South Dakota Basement Apartment Renting: Legal Rights & Rules

Basement apartments can offer affordable options for renters in South Dakota, but it’s important to know your rights and obligations under state rental laws. This guide covers key legal protections and issues unique to basement units, tailored for South Dakota renters. All content below is based on the most current official state resources.

Understanding Basement Apartment Rentals in South Dakota

Basement apartments—dwellings located below ground level of a primary residence—must follow the same rental laws as any other unit in South Dakota. However, basement units can sometimes have extra considerations, such as building safety, occupancy standards, and maintenance responsibilities.

Are Basement Apartments Legal to Rent?

South Dakota’s general landlord-tenant protections apply to all rental housing, but each city or county may have specific building codes regarding basement apartments. Common requirements include:

• Proper emergency exits (also called “egress” windows or doors)
• Minimum ceiling heights
• Working heating, plumbing, and electric systems
• Compliance with local health and zoning codes

Some municipalities require a specific permit or inspection before a basement can be rented. Always check with your local city or county health/building office for verification.

Key Tenant Rights Under South Dakota Law

South Dakota state law—specifically the South Dakota Codified Laws, Chapter 43-32: Landlord and Tenant—protects renters regardless of the apartment’s location in a building.¹

• Right to a Habitable Home: Landlords must provide a safe, livable apartment (including protection from leaks, mold, proper ventilation, and working utilities).
• Protection from Unlawful Eviction: You cannot be forced out without proper written notice and, if needed, a court order.
• Clear Advance Notice for Entry: Landlords must give notice before entering except in emergencies.
• Timely Repairs: If something is unsafe—like a broken window, lack of heat, or flooding—you have the right to request repairs.

Security Deposits and Move-In/Move-Out Rules

• Landlords can collect a security deposit—by law, not more than one month's rent unless special circumstances exist.
• Upon move-out, landlords must return your deposit (minus allowable deductions) within two weeks. A written statement must be sent listing any deductions if you request it in writing within 45 days.

You can use the Security Deposit Request Form provided by the South Dakota Attorney General’s office to request the return of your deposit. Send it via certified mail and keep a copy for your records.

Important Forms and Where to Find Them

• Security Deposit Request Form: Use this form to formally request your security deposit’s return after moving out. Find it here (PDF) (no state form number). Example: “I moved out two weeks ago; I am using this form to ask for my deposit back.”
• Notice to Quit / Termination of Tenancy: To end your lease legally, written notice is required. South Dakota does not provide an official form, but the South Dakota Attorney General's Landlord/Tenant Guide has sample letters and instructions.

If your landlord issues an eviction notice or notice to quit, carefully review the instructions and timelines—missing deadlines can affect your rights.

Who Handles Tenancy Disputes in South Dakota?

There is no specialized landlord-tenant tribunal in South Dakota. Eviction and most housing disputes are heard in South Dakota State Circuit Courts.² You may file or respond to an eviction there if negotiations with your landlord don’t resolve your issue.

Common Basement Apartment Issues

• Moisture, dampness, or mold—landlords must address these if they affect your health
• Fire or building code violations—report urgent safety concerns to your local code office
• Access or egress—adequate emergency exits are required for all rental units

Steps for South Dakota Renters Facing Basement Unit Issues

• Document problems with photos and written descriptions.
• Notify your landlord in writing, and keep copies of all correspondence.
• If repairs are not made, contact your local code enforcement or health department.
• If unable to resolve, consider mediation or file a claim in Circuit Court.

South Dakota law protects you from retaliation if you make a good-faith complaint about living conditions.

FAQ: Your Basement Apartment Rental Questions Answered

1. Are basement apartments legal to rent in South Dakota?
   Yes, if they meet local building, health, and safety codes. Check with your city or county for specific requirements.
2. What should I do if my basement apartment has mold or leaks?
   Notify your landlord in writing immediately. If not resolved, contact your local health or code enforcement office.
3. How can I get my security deposit back?
   Submit a written request (see the Security Deposit Request Form), and request a list of deductions if needed.
4. Can my landlord enter my basement apartment without notice?
   No, except for emergencies. Otherwise, reasonable advance notice is required.
5. Where do I go for landlord-tenant disputes?
   Most disputes are handled in South Dakota State Circuit Court.

Key Takeaways for Renting a Basement Apartment in South Dakota

• All landlord-tenant rights and protections apply to basement apartments.
• Confirm your basement unit is legal and meets safety standards before signing a lease.
• Promptly report any health or safety concerns and always document your communications.

Need Help? Resources for Renters

• South Dakota Attorney General – Landlord/Tenant Guide
• South Dakota State Circuit Courts – Find Your Court
• South Dakota Department of Health – Local Offices
• South Dakota Department of Social Services – Assistance

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1. South Dakota Codified Laws, Chapter 43-32: Landlord and Tenant
2. South Dakota State Circuit Courts Residential Cases

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